The Dawn of a New 'error'? A Review of Kenya's Legal Framework for Refugee Status Determination

Abstract

Kenya is signatory to the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees as well as the 1969 OAU Convention Relating to Specific Aspects of Refugee Problems in Africa.! These legal instruments require that Kenya protects refugees within her borders. In order to do so, Kenya needs to identify who within its borders meets the refugee definition. The process of deciding who qualifies as a refugee is what is referred to as Refugee Status Determination (RSD).2 'The determination of refugee status refers to the legal act by which the particular conditions giving rise to an individual's flight are examined with the aim to determine whether or not the individual is deserving of international protection." Refugee Status Determination performs a dual function. First, it assists nations to identify those to whom it owes obligations under the 1951 Convention. Second, if conducted efficiently, it is a tool of refugee protection as it identifies those who would be harmed if returned to their countries of origin thus preventing forceful return of refugees by stares.'